Sree Seethadevi Lava Kusha Kshethra Samrakshana Samithi v. Pulpally Devaswom

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 28813 of 2014 (B) ---------------------------- PETITIONER(S):

-------------------------- SREE SEETHADEVI LAVA-KUSHA KSHETHRA SAMRAKSHANA SAMITHI PULPALLY P.O., WAYANAD, REP.BY PRESIDENT SIVAN. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S):

---------------------------- 1.

PULPALLY DEVASWOM PULPALLY P.O., WAYANAD-673 579.

2.

RAJASEKHARAN NAIR S/O. MADHAVAN NAMBIAR, TRUSTEE, PULPALLY DEVASWOM PULPALLY P.O., WAYANAD DISTRICT-673 579.

3.

MALABAR DEVASWOM BOARD REP.BY ITS SECRETARY, KOZHIKODE-673 620.

4.

COMMISSIONER MALABAR DEVASWOM BOARD, HOUSING BOARD BUILDING ERANHIPALAM, KOZHIKODE-673 620.

5.

DEPUTY COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE CIVIL STATION KOZHIKODE-673 620.

R3-R5 BY ADV. SRI.KRISHNAKUMAR.S, SC, MALABAR DEVASWOM BOARD R1 & R2 BY ADV. SMT.PRABHA R.MENON R3 -R 5 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28813 of 2014 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : COPY OF ACKNOWLEDGMENT FOR USER NAME ISSUED BY THE DEPARTMENT OF REGISTRATION, GOVERNMENT OF KERALA BY THE REGISTRAR OF SOCIETY.

P2 : COPY OF THE PROCEEDINGS FOR SETTLEMENT OF THE SCHEME OF ADMINISTRATION OF THE TEMPLE.

P3 : COPY OF THE MODIFIED SCHEME IN OA 12/76 OF THE DEPUTY COMMISSIONER.

P4 : COPY OF THE MODIFIED SCHEME DTD.8.3.82.

P5 : COPY OF THE PROCEEDINGS OF THE DEPUTY COMMISSIONER DTD.10.3.2006.

P6 : COPY OF THE REPORT DTD.16.10.2014 ISSUED BY THE 5TH RESPONDENT.

P7 : COPY OF THE INFORMATION ISSUED BY THE DEPUTY COMMISSIONER DTD.17.9.2014.

P8 : COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE DEPUTY COMMISSIONER.

RESPONDENT(S)' EXHIBITS --------------------------------------- R2(A) :

COPY OF EXT.P4 IN WP(C)28813/14.

R2(B) :

COPY OF LIST OF CASES PENDING ON BEHALF OF DEVASWOM. R2(C) :

COPY OF LETTER DATED 26.11.2014 BY THE DEPUTY COMMISSIONER.

R2(D) :

COPY OF REPORT OF THE AUDIT DIVISION DATED 31.12.2014.

R2(E) :

COPY OF PROGRAMME SHEET DATED 28.11.2013 OF THE TEMPLE UPADESAKA COMMITTEE.

R2(F) :

COPY OF PHOTOGRAPH.

R2(G) :

COPY OF LIST OF ACHIEVEMENTS OF DEVASWOM.

R2(H) :

COPY OF STATEMENT OF REPONDENT.

//TRUE COPY// PA TO JUDGE.

jg

THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.

.................................................................... WP(C) No.28813 of 2014 .................................................................... Dated this the 10th day of June, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

1.Heard.

2.Petitioner seeks to quash Ext.P5 whereby the second respondent has been appointed as trustee manager for the temple in question.

The fact of the matter remains that there is no Executive Officer and the question of appointment of Executive Officer always depends upon different aspects which are to be considered by the competent authority in the Malabar Devaswom Board. As of now, they have taken a decision to appoint the second respondent as the Managing Trustee of the temple. If there is any question of mismanagement by the said person, it is for the Devaswom Board officials to look into that, in accordance with law. It is disclosed

WP(C)28813/14 -2through the report that such situation did not exist for the Devaswom Board to take any action. Under such circumstances, this writ petition is ordered directing that the question whether the second respondent is to be removed or not is entirely within the domain of the Devaswom Board officials to be decided, in accordance with law. This writ petition is ordered accordingly. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (SUNIL THOMAS, JUDGE) jg